Crisis Management Disaster Response Plan

SOUTH CAROLINA BAR Crisis Management Disaster Response

PlanSeptember 2005

PurposeThe South Carolina Bar has established this disaster response plan to:

• monitor the conduct of members of the Bar and thereby deter violations of the Rules regulating the SouthCarolina Bar;

• inform the public and Bar members as to the levels of conduct required of members of the Bar; and • indicate to the victims of disasters and their families the concern of the Bar and ensure that their legal

rights are preserved.

The plan outlines various procedures to be followed in• determining the nature of the crisis and proposed response• response implementation and• key Bar leader notification.

This plan has been divided into two sections — Acts of God and Manmade disasters. Acts of God include hurri-canes, tornadoes and floods. Manmade disasters include bombings, commercial plane accidents, train wrecks, hotelfires, chemical spills, environmental damages, civil disturbances and blackouts/brownouts, etc.

Portions of the plan may also be used for legal crises such as illegal or unethical conduct by a Bar official, widespreadpublic outcry regarding a particular law firm’s activities, widespread judicial misbehavior and mass protests againstthe South Carolina Bar.

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Table of ContentsContact Names and NumbersI. Crisis Management Task ForceII. Crisis Response TeamIII. Disaster ContactsIV. Board of GovernorsV. Local Bar LeadersAct of God DisastersVI. Steps to Implement Procedures for Act of God DisastersVII. Responsibilities of Response Team for Act of God DisasterVIII. Media Statements

—SC Bar Offers “Top Ten List” for Dealing with Home Repairs press release —SC Bar Offers “Top Ten List” for Dealing with Home Repairs PSA—SC Bar Offers Legal Information Line for Victims of _________________ press release—SC Bar Offers Legal Information Line for Victims of _________________ PSA—SC Bar Offers Legal Information Line for Victims of _________________ paid notice

IX Victim Assistance Information—Legal Questions Most Often Asked by Disaster Victims—Top Ten List of Home Repair—Key Assistance Numbers—South Carolina Legal Services Offices

Manmade DisastersX. Steps to Implement Procedures for Manmade DisastersXI On-Site Responsibilities of Response Team for Manmade DisastersXII. Response Team Traveling KitXIII. Setting up a Command CenterXIV. Planning a News ConferenceXV. General Media Response GuidelinesXVI. Media Statements

—South Carolina Bar Responds to Emergency press release—South Carolina Bar President Warns Lawyers Concerning _________ Disaster press release—SC Bar’s Volunteer Disaster Response Team Provides Legal Assistance to Victims and Families of ____________ Disaster press release—SC Bar Offers Assistance to Victims of _________________ PSA—SC Bar Offers Assistance to Victims of _________________ paid notice—Victim Letter (from president)

XVII. Victim Assistance Information—Mass Disaster: A Victim’s Guide

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Crisis Management Task ForceExecutive Committee

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Daniel B. White, President GreenvilleOffice: 864-271-5342Home: 864-271-4061FAX: 864-271-7502Mobile Phone:

Brad J. Waring, President-Elect CharlestonOffice: 843-577-9440Home: 843-577-4166FAX: 843-724-1777Mobile Phone: 843-906-1654

Lanneau Wm. Lambert Jr., TreasurerColumbiaOffice: 803-254-2200Home: 803-787-8420FAX: 803-799-3957Mobile Phone:803-360-3806

Flo Lester Vinson, SecretaryFlorenceOffice: 843-665-0100Home: FAX: 843-665-0500Mobile Phone:

Crisis Response TeamBar Staff

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Robert S. Wells, Executive DirectorOffice: 803-799-6653, ext. 144Home: 803-957-1213Fax: 803-799-4118

Leah Johnson, Assistant Executive DirectorOffice: 803-799-6653 , ext. 145Home: 803-407-0870Fax: 803-799-4118

Andrew Walsh, Public Services CounselOffice: 803: 799-6653, ext.159Home: 803-790-5923Cell: 843-252-4282Fax: 803-799-5290

Disaster ContactsYLD Disaster Relief State ABA/FEMA FEMARobert Homlar, chair DeAndrea Gist Benjamin, representative Jackie ReginelloColumbia Columbia AtlantaOffice: 706-724-0171 Office: 803-771-8007 Office: 770-220-5255Home: Home: 803- FAX: 775-559-9786FAX: 706-396-3634 FAX: 803-771-0063 Mobile phone: 404-909-0028

Skypager 1-800-759-8888 pin#1193675

NTSBPhillip Powell, airline disasters Ken Sudan, highway disasters Russ Golberg, railway disastersAtlanta Atlanta AtlantaOffice: 404-562-1671 Office: 404-562-1655 Office: 404-562-1655

Pager: 866-223-8533

SC Emergency Preparedness AgencyJoseph R. Farmer, Public Information Director ColumbiaOffice: 803-737-8569FAX: 803-737-8570Governor will post all emergency declarations on www.myscgov.com

SC Department of Consumer AffairsBrandolyn Thomas Pinkston, Administrator/Consumer AdvocateOffice: 803-734-4190 or 1-800-922-1594; direct line: 803-734-4198 FAX: 803-734-4286E-mail: [email protected]

Unlicensed Practice of LawJennifer Evans, SC Attorney Generals OfficeColumbiaOffice: 803-734-7135Home: 803-790-4269FAX: 803-734-6679

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Board of Governors

House of Delegates ChairpersonFred W. Suggs Jr.P.O. Box 2757Greenville, SC 29602(864) 271-1300 Fax: (864) [email protected]

First Judicial RegionDebra J. GammonsP.O. Box 2207Greenville, SC 29602(864) 467-4420 Fax: (864) [email protected]

A. Marvin Quattlebaum Jr. P.O. Box 10084Greenville, SC 29603(864) 250-2209Fax: (864) [email protected]

Second Judicial RegionAmie L. CliffordP.O. Box 5010Columbia, SC 29250-5010(803) 544-5094 Fax: (803) [email protected]

Julianne FarnsworthP.O. Box 50288Columbia, SC 29250(803) 256-0802 Fax: (803) [email protected]

Third Judicial RegionRobert L. Kilgo Jr.P.O. Box 648Darlington, SC 29540(843) 398-4320 Fax: (843) [email protected]

Carrington S.B. Wingard401 W. Cheves St.Florence, SC 29501(843) 676-0165 Fax: (843) [email protected]

Fourth Judicial RegionM. Dawes Cooke Jr.P.O. Drawer HCharleston, SC 29402-0197(843) 577-7700 Fax: (843) 577-7708 [email protected]

Alice F. PaylorP.O. Box 893Charleston, SC 29402(843) 266-8105 Fax: (843) [email protected]

At LargeJames B. Drennan IIIP.O. Box 891Spartanburg, SC 29304(864) 582-0708 Fax: (864) [email protected]

Harriet McBryde Johnson171 Church St., Ste. 160Charleston, SC 29401(843) 722-0178 Fax: (843) [email protected]

Stephen G. MorrisonP.O. Box 11070Columbia, SC 29211(803) 255-9410Fax: (803) [email protected]

Young Lawyers RepresentativesLeah B. MoodyP.O. Box 1015Rock Hill, SC 29731(803) 327-4192 Fax: (803) [email protected]

Robert B. VarnadoP.O. Box 13897Charleston, SC 29422-3897(843) 795-7800 Fax: (843) [email protected]

USC School of Law DeanBurnele V. Powell701 S. Main St.Columbia, SC 29208(803) 777-5929 Fax: (803) [email protected]

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Local Bar Leaders(as of June 1, 2005)

Abbeville (Term indefinite)Paul L. AgnewP.O. Box 98Abbeville, SC 29620(864) 459-8348Fax: (864) 459-8569

Aiken (Term: 7/1 – 6/30)Benjamin R. MooreP.O. Box 845Barnwell, SC 29812(803) 541-1091Fax: (803) [email protected]

Allendale (Term: 1/1 – 12/31)William E. Myrick Jr.P.O. Box 555Allendale, SC 29810(803) 584-4333Fax: (803) 584-3147

Anderson (Term: 7/1 – 7/1)Jimmy Ray King2203 N. Main St.Anderson, SC 29621(864) 225-9155Fax: (864) 225-9151

Bamberg (Term: 1/1 – 12/31)Daniel W. LuginbillP.O. Box 909Bamberg, SC 29003(803) 245-5178Fax: (803) [email protected]

Barnwell (Term: 1/1 – 12/31)H. Edward SmithP.O. Box 248Barnwell, SC 29812(803) 259-3532Fax: (803) 259-0175

Beaufort (Term: 7/1 – 6/30; 2 yrs.)Erin DuBose DeanP.O. Drawer 2055Beaufort, SC 29901-2055(843) 524-1116Fax: (843) [email protected]

Berkeley (Term: 3/1 – 2/28)John B. WilliamsP.O. Box 1288Moncks Corner, SC 29461(843) 761-8232Fax: (843) [email protected]

Calhoun (Term indefinite)John G. Felder Sr.P.O. Box 346St. Matthews, SC 29135(803) 874-1430Fax: (803) [email protected]

Charleston (Term: 2/23 – 2/22)Francis X. McCannP.O. Box 247Charleston, SC 29402-0247(843) [email protected]

Cherokee (Term indefinite)Joseph L. Mathis210 S. Limestone St., Ste. 1Gaffney, SC 29340(864) 489-6052Fax: (864) [email protected]

Chester (Term: 7/1 – 6/30)Arthur L. GastonP.O. Box 608Chester, SC 29706(803) 385-2114Fax: (803) 385-2131

Chesterfield (Term indefinite)Jay E. Hodge121 Market St.Cheraw, SC 29520(843) 537-3972Fax: (843) [email protected]

Clarendon (Term indefinite)W.C. Coffey Jr.P.O. Box 1292Manning, SC 29102(803) 435-8847Fax: (803) [email protected]

Colleton (Term: 1/1 – 12/31)John R. HetrickP.O. Box 139Walterboro, SC 29488-0139(843) 549-6432Fax: (843) 549-1973

Darlington (Term: 1/1 – 12/31)J. Richard JonesP.O. Drawer 70Hartsville, SC 29551(843) 332-5171Fax: (843) 383-4887

Dillon (Term: 1/1 – 12/31)A.C. Michael Stephens312 W. Main St.Dillon, SC 29536(843) 841-1666Fax: (843) [email protected]

Dorchester (Term: 8/1 – 7/31)Maite Murphy207 E. 1st North St.Summerville, SC 29483(843) 832-1120Fax: (843) 832-5969

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Edgefield (Term indefinite)Michael S. MedlockP.O. Box 300Edgefield, SC 29824(803) 637-3800Fax: (803) [email protected]

Fairfield (Term indefinite)W. Thomas Sprott Jr.P.O. Drawer 329Winnsboro, SC 29180(803) 635-4234Fax: (803) [email protected]

Florence (Term: 1/1 – 12/31)Matthew TylerP.O. Box 1931Florence, SC 29503(843) 669-8787Fax: (843) [email protected]

Georgetown (Term: 1/1 – 12/31)Ronald J. TalbertP.O. Box 528Andrews, SC 29510(843) 264-3579Fax: (843) [email protected]

Greenville (Term: 1/1 – 12/31)James H. “Chip” Price III644 E. Washington St.Greenville, SC 29601(864) 271-3535Fax: (864) 242-6560

Greenwood (Term: 1/1 - 12/31)Robert J. Tinsley311 Lodge Dr.Greenwood, SC 29646(864) 223-6341Fax: (864) [email protected]

Hampton (Term indefinite)J. Robert Peters Jr.P.O. Box 457Hampton, SC 29924(803) 943-2111Fax: (803) 943-3943

Hilton Head (Term: 6/1 – 5/31) Tonya L. SayersP.O. Drawer 3Hilton Head Island, SC 29938-0003(843) 785-2171Fax: (843) [email protected]

Horry (Term: 1/1 – 12/31)Daniel MacDonald950 48th Ave. N., Ste. 200Myrtle Beach, SC 29577(843) 449-4493Fax: (843) [email protected]

Jasper (Term indefinite)R. Thayer Rivers Jr. P.O. Box 668Ridgeland, SC 29936(843) 726-8136Fax: (843) 726-4401

Kershaw (Term: 1/1 – 12/31)David Paul ReuwerP.O. Box 1716Camden, SC 29020(803) 432-1780Fax: (803) [email protected]

Lancaster (Term: 1/1 – 12/31)Philip E. Wright408 N. Main St.Lancaster, SC 29720(803) 286-4343Fax: (803) 286-9996

Laurens (Term: 1/1 – 12/31)Clyde L. Pennington Jr.221 Church St.Laurens, SC 29360(864) 984-4391Fax: (864) [email protected]

Lee (Term indefinite)Jacob H. JenningsP.O. Box 106Bishopville, SC 29010(803) 484-5454Fax: (803) 484-6044

Lexington (Term: 1/1 – 12/31)Timothy D. Harbeson6334 St. Andrews Rd., Ste. 101Columbia, SC 29212(803) 354-9809Fax: (803) [email protected]

Marion (Term: 3/16 – 3/15)Charles L. “Chuck” McLain IIIP.O. Box 1931Florence, SC 29503(843) 669-8787Fax: (843) [email protected]

Marlboro (Term indefinite)Harry Easterling Sr.P.O. Drawer 655Bennettsville, SC 29512-0655(843) 479-2878Fax: (843) 479-2879

McCormick (Term indefinite)W. Greg SeiglerP.O. Box 1852McCormick, SC 29835(864) 852-9555Fax: (864) [email protected]

Newberry (Term indefinite)Charles VernerP.O. Box 484Newberry, SC 29108(803) 276-0812Fax: (803) [email protected]

Oconee (Term: 1/1 – 12/31)Derek J. Enderlin415 S. Pine St.Walhalla, SC 29691(864) 638-4268Fax: (864) [email protected]

Orangeburg (Term: 1/1 – 12/31)John S. “Jack” Bryant358 St. Paul St.Orangeburg, SC 29115(803) 534-5910Fax: (803) [email protected]

Pickens (Term indefinite)L. Lesesne Hendricks Jr.P.O. Box 665Easley, SC 29641(864) 859-7160Fax: (864) 859-5399

Richland (Term: 1/1 – 12/31)John L. McCants P.O. Box 2285Columbia, SC 29202(803) 254-4190Fax: (803) 779-4749

Saluda (Term: 1/1 – 12/31)Billy C. ColemanP.O. Box 506Saluda, SC 29138(864) 445-2184Fax: (864) 445-7994

Spartanburg (Term: 1/1 – 12/31)J. Eugene AdamsP.O. Box 5663Spartanburg, SC 29304(864) 591-2345Fax: (864) 585-3090

Sumter (Term: 1/1 – 12/31)Jack W. Erter Jr.P.O. Box 580Sumter, SC 29151(803) 773-6817Fax: (803) 938-9825

Union (Term indefinite)William E. WhitneyP.O. Box 266Union, SC 29379(864) 427-5661Fax: (864) 427-5655

Williamsburg (Term: 1/1 – 12/31)William H. ChandlerP.O. Box 10Hemingway, SC 29554(843) 558-2588Fax: (843) [email protected]

York (Term: 1/1 – 12/31)Harold StaleyP.O. Box 11091Rock Hill, SC 29731(803) 324-7574Fax: (803) [email protected]

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Act of God Disasters

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Steps to Implement Procedures for Act of God Disasters

1. President and/or Executive Director make decision to begin implementation of crisis response plan.Any member of the Bar, staff or leadership, recognizing a developing issue or reporting a natural disaster, shouldcontact the South Carolina Bar President or Executive Director. The President and Executive Director will assess theneed to assume the responsibility for notifying the Crisis Management Task Force through a telephone conferencecall.

2. Crisis Task Force Conference CallBy utilizing a telephone conference call, the executive committee — with support from other task force members —determines if a crisis exists and what action should be taken. According to the needs dictated by the situation, thestaff will:

• gather data prior to the call;• assess the situation;• determine potential impact upon segments of the public and the Bar; • identify third parties to be mobilized if needed; and • distribute available information immediately.

The Assistant Executive Director will stay in contact with the YLD representative assigned to work with FEMA immediatelyafter the natural disaster.

After determining the extent of the natural disaster and pooling all available information, press releases and publicservice announcements (PSAs) will be issued. A primary and secondary spokesperson also will be designated. Staffwill prepare fact sheets, statements or press releases for the public; member communications (letters/releases/PSAs);and/or mailgrams, faxes or e-mails for dissemination to Bar leadership. If necessary, local Bar leaders will be alerted.

In summary, the role of the executive committee and pertinent staff — all of whom comprise the Crisis ResponseTask Force is to:

• provide assistance with law-related advice to members of the public affected by the natural disaster;• disseminate the South Carolina Bar “message”;• dispatch volunteer lawyers; and • authorize the action plan.

3. Implement Action PlanDepending upon the nature of the disaster, the SC Bar will work together with other state agencies to issue the fol-lowing:

(1) news release/statement to the press;

(2) possible news conference held at a site to be determined;

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(3) telephone calls to wire services and selected media;

(4) production and/or distribution of “paid” ads or public service broadcast announcements; and

(5) news alert to members.

Once the extent of the natural disaster has been determined, the SC Bar will work with sections, committees and taskforces to provide specific legal assistance to affected areas. The South Carolina Bar Ask-A-Lawyer telephone linesand Lawyer Referral Service members will be utilized as necessary.

4. Key Bar Leader NotificationThe Executive Director will be responsible for notification of Board of Governors members and local Bar leaders asdeemed appropriate. Bar leaders would be informed of the Bar’s action, reasons for such action and contact personfor updates or additional background. The following methods can be used:

a) personal telephone calls;b) conference calls;c) e-mail;d) telephone local bar leaders; ande) fax transmission.

5. Report on ResultsSoon after the natural disaster, the Bar staff will host a meeting of groups that were involved in the disaster to obtaininput regarding the effectiveness of the disaster plan. The Assistant Executive Director will prepare a written reporton the Bar’s actions in response to the disaster for the Board of Governors.

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Responsibilities of Response Teamfor Act of God Disaster

Executive Director:• carry out policy (as established by the crisis management task force) and coordinate actions of the team.

Bar Staff:• contact Young Lawyers Division Disaster Relief and ABA/FEMA representatives.• if necessary, contact the SC Attorney General’s office regarding unlicensed practice of law.• establish liaison with Red Cross, Salvation Army and victims’ organizations to provide assistance to victimsand furnish written materials to these organizations. • contact local Bar officers to set up ad hoc legal advice hotline staffed by local Bar members. Coordinate local Bar activities with state Bar efforts.• arrange use of Ask-A-Lawyer telephone lines or Lawyer Referral Service members, if necessary.• develop follow-up report.

Assistant Executive Director:• if necessary, contact the SC Department of Consumer Affairs to coordinate publicity regarding unlicensed adjusters.• prepare, make copies and disseminate appropriate generic news releases, “if asked” statements and question-and-answer sheets.• arrange individual media interviews for spokespersons.• find an appropriate site for a news conference and arrange for conference, if necessary.• provide copies of legal tips to media.• gather background information for response team, as well as monitor TV/radio reports, arrange for special clippings and broadcast monitoring.• log all media inquiries.• serve as conduit for release of follow-up information to media.• distribute appropriate public service announcement and paid advertisement.

Attorney General Representative:• investigate all reports of lawyer solicitation of victims or victims’ families.

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NewsNewsNewsNewsNewsNewsNewsNewsNewsNewsNewsNews

950 Taylor StreetPO Box 608Columbia, SC 29202-0608803-799-6653 Phone803-799-4118 Faxwww.scbar.org

For More Information:Leigh Thomas, Communications Manager(803) 799-6653, ext. 161 or [email protected]

SC BAR OFFERS “TOP TEN LIST” FOR DEALING WITH HOME REPAIRS

COLUMBIA, S.C. (date) — The South Carolina Bar has prepared a “Top 10” listfor victims of _______________________ who are facing home repairs.

Those tips include:1. Be patient.2. Take photographs before making temporary repairs.3. Do not begin permanent repairs until you have talked with your insurance company’s adjuster.4. Use local licensed contractors. Ask to see the contractor’s license from the SCLicensing Board for Contractors or the Residential Home Builders Commission Also,contact the SC Department of Consumer Affairs to see if any complaints have beenfiled against the contractor.5. Take down the drivers license and vehicle number of any contractor.6. Insist on proof of liability and workmen’s compensation insurance.7. Always obtain three bids.8. Do not pay or make a large down payment before work has begun. If necessary,offer to put money in ESCROW at the bank.9. Insist on a written contract that spells out what repairs are to be done, price andcompletion date.

-more-

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10. Do not accept completion and make final payments until the job has been completed to your satisfaction.

Volunteer lawyers from the South Carolina Bar will be available to answer legal questions or refer callers tothe appropriate agency or organization. The free legal information line will be open from _____ to ______on________________. To speak to a volunteer lawyer, call 1-888-321-3644.

The South Carolina Bar is providing this assistance as a public service to anyone impacted by the____________________.

The Bar also operates a free lawyer referral service to help consumer find the name of a lawyer who can helpthem. The South Carolina Bar Lawyer Referral Service is available on weekdays between 9 a.m. and 5 p.m. The num-ber is 799-7100 in Richland and Lexington counties, and 1-800-868-2284 from other parts of the state. Consumer whocannot afford a lawyer may contact the Legal Services office in their area.

The South Carolina Bar, which has a membership of more than 11,500 lawyers, is dedicated to advancing jus-tice, professionalism and understanding of the law.

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SC BAR OFFERS “TOP TEN LIST” FOR DEALING WITH HOME REPAIRS

The South Carolina Bar has prepared a “Top 10” list for victims of __________who are facing home repairs.Those tips include:1. Be patient.2. Take photographs before making temporary repairs.3. Do not begin permanent repairs until you have talked with your insurance compa-ny’s adjuster.4. Use local licensed contractors. Ask to see the contractor’s license from the SCLicensing Board for Contractors or the Residential Home Builders Commission Also,contact the SC Department of Consumer Affairs to see if any complaints have beenfiled against the contractor.5. Take down the drivers license and vehicle number of any contractor.6. Insist on proof of liability and workmen’s compensation insurance.7. Always obtain three bids.8. Do not pay or make a large down payment before work has begun. If necessary,offer to put money in ESCROW at the bank.9. Insist on a written contract that spells out what repairs are to be done, price andcompletion date.10. Do not accept completion and make final payments until the job has been complet-ed to your satisfaction.



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-2-Volunteer lawyers from the South Carolina Bar will be available to answer legal questions or refer callers to

the appropriate agency or organization. The free legal information line will be open from _____ to ______on________________. To speak to a volunteer lawyer, call 1-888-321-3644.

The South Carolina Bar is providing this assistance as a public service to anyone impacted by the____________________.

The South Carolina Bar, which has a membership of more than 11,500 lawyers, is dedicated to advancingjustice, professionalism and understanding of the law.

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SC BAR OFFERS LEGAL INFORMATION LINE FOR VICTIMS OF _________________________

COLUMBIA, S.C. (date)—The South Carolina Bar will provide free legal infor-mation over the phone for victims of _______________________.

The free legal information line will be open from _____ to ______on ________________.

Volunteer lawyers from the South Carolina Bar will be available to answerlegal questions or refer callers to the appropriate agency or organization.

To speak to a volunteer lawyer, call 1-888-321-3644.The South Carolina Bar is providing this assistance as a public service to any-

one impacted by the __________________________.The South Carolina Bar, which has a membership of more than 11,500 lawyers,

is dedicated to advancing justice, professionalism and understanding of the law.

-30-

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COLUMBIA, S.C. (date)—The South Carolina Bar will provide free legal infor-mation over the phone for victims of _______________________.

The free legal information line will be open from _____ to ______on________________.

Volunteer lawyers from the South Carolina Bar will be available to answerlegal questions or refer callers to the appropriate agency or organization.

To speak to a volunteer lawyer, call 1-888-321-3644.The South Carolina Bar is providing this assistance as a public service to any-

one impacted by the __________________________.The South Carolina Bar, which has a membership of more than 11,500 lawyers,

is dedicated to advancing justice, professionalism and understanding of the law.###

PSAPSAPSAPSAPSAPSAPSAPSAPSAPSAPSAPSA


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Paid NoticeFor More Information:Leigh Thomas, Communications Manager(803) 799-6653, ext. 161 or [email protected]


The South Carolina Bar will provide free legal information over the phone for victims of_______________________.

The free legal information line will be open from _____ to ______on ________________.Volunteer lawyers from the South Carolina Bar will be available to answer legal questions or refer callers to

the appropriate agency or organization.To speak to a volunteer lawyer, call 1-888-321-3644.The South Carolina Bar is providing this assistance as a public service to anyone impacted by the

__________________________.The South Carolina Bar, which has a membership of more than 11,500 lawyers, is dedicated to advancing jus-

tice, professionalism and understanding of the law.

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Legal Questions Most Often Asked By Disaster Victims

The following series of short questions and answers is designed to prepare volunteer lawyers for the the types of advice they may be asked to give.

GENERAL CONCERNS1. Q. If a healthy tree falls across a property line, due to an act of God, who is liable for damages?

A. Liability ends at the property line. The owner of the property on which the tree was growing is responsible for damages and removal on his property, and the owner of the property onto which thetree fell is responsible for damages and removal of the tree on his property. (Note: This does not take into consideration negligence if the owner knew that the tree was diseased, dead, etc.)

2. Q. What if my neighbor sues me because the tree fell on his property and damage resulted?A. Although it may not be universally true, most insurance companies will defend such an action.

3. Q. How long does an insurance adjuster have to make contact with the property owner after the property owner has given notice of loss?

A. Consult your policy. There is no specific statutory requirement.

4. Q. How long does an insurance company have to pay a claim after notice of loss?A. Consult your policy. § 38-59-40 provides that if the insurance company has not paid within 90

days, then the insured can file suit to determine whether the failure to pay is unreasonable or in badfaith.

LANDLORD AND TENANT CONCERNS1. Q. If my rental home is damaged so badly by the disaster that I can longer live there, what

choices do I have?A. You may do the following:

• Remove your belongings and write the landlord a letter stating that you want to end yourrental agreement.

• Written notice of termination must be given within seven days.• Treat the agreement as if it were in effect and move back in as soon as conditions allow,

provided your home is repaired during the rental period.• If after written notice of damage and need for repairs, the landlord fails to act in a

reasonably timely manner to repair your home, you may sue to ask a judge to order therepairs.

2. Q. If I want to continue renting my home, but can’t live in it now, do I have to pay rent?A. Maybe.

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Q. Can I just withhold part of the rent?A. No. You should talk to your landlord about reducing your rent to the actual fair market value of the

home, while it is damaged. You cannot be required to pay more rent than the property is worth, if damaged. If you and your landlord are not able to agree on what is reasonable rent, you should consider paying the amount the landlord demands and going to court to get the disagreement resolved.

3. Q. If I do not pay the amount of rent that the landlord demands, can the landlord end my lease?A. Yes. Your landlord can seek to have you evicted for violating your lease if you do not pay any rent

or pay only a portion of the agreed rent, even if you cannot live in your home. But you cannot be required to pay more rent than the property is worth, if damaged.

4. Q. If the rental period (month-to-month, year-to-year, etc.) is over while my home is damaged, can the landlord refuse to renew my lease?

A. Yes. The landlord may try to make you leave either by not renewing your lease or by increasing your rent far above market value.

5. Q. Is there anything I can do to try to stop those things from happening?A. Yes. You can ask the court to decide if a landlord is retaliating against you for not paying rent. After

hearing everything that has happened in your case, a judge or a jury would decide if the landlord retaliated against you unlawfully.

6. Q. What should I do to go to court?A. Get a lawyer. But also make sure you let the landlord know as soon as possible that you want to

move back in. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100 in Richland and Lexington counties, and 1-800-868-2284 from other parts of the state. If you cannot afford a lawyer, you may contact the Legal Services office in your area. [provide list of numbers]

7. Q. If I can only use part of my home, what choices do I have?A. If the use of your home is extremely limited, you may do the following:

• Remove your belongings and write the landlord a letter stating that you want to end your rental agreement. Written notice must be given within seven days.

• Treat the agreement as if it were in effect and move back in as soon as conditions allow, provided your home is repaired during the rental period.

• If the landlord fails to act in a reasonably timely manner to repair your home, you may sue to ask a judge to order the repairs.

If your home has not been condemned, you may continue to live in the part that is not badly damaged.

8. Q. What do I do about my rent if I live in part of my home?A. If you can only use part of your home, you only have to pay for the value of the part you use.

9. Q. How much do I pay?A. Try to reach a fair agreement with your landlord.

10. Q. What if we cannot agree?A. You can do the following:

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• Pay only what you believe is a fair and reasonable rental price, and get a lawyer to present your case if the landlord takes you to court for nonpayment of rent; or

• Pay what the landlord asks and sue in court to ask a judge to reduce the rent and order the landlord to return your overpayment.

11. Q. Even though my home is okay., what are my rights if I can’t use the premises?A. If the hurricane has caused the premises to be damaged badly (for example, outside stairs are badly

damaged; trees and fences have fallen all over your yard; your parking lot, driveway or garage has been destroyed and you have no place to park, etc.), you may have the same rights as tenants whosehomes have been damaged so badly that normal use and occupancy has been “substantially impaired.”

12. Q. If I want to end the lease and move, what do I have to do to get back my security deposit?A. If you are moving because your home has been badly damaged, you should let your landlord know

in writing that you want to end the agreement within one week after you move. You should, in the same letter, tell the landlord you want your security deposit. The landlord has to return your deposit within 30 days or give you a written explanation of why he is keeping it.

13. Q. Can the landlord keep my deposit because I don’t stay for my full lease period?A. No, not if your are leaving because your home has been badly damaged.

14. Q. What can I do if the landlord does not return what I believe he/she should?A. You could file suit, but you should hire a lawyer before doing so. Send a letter to your landlord that

includes your new address. The landlord has 30 days to refund the money or explain why it is being kept. If the landlord wrongfully keeps your deposit, the court can make the landlord pay your lawyer’s fees. If you do not know a lawyer, you can call the South Carolina Bar Lawyer Referral Service weekdays between 9 a.m. and 5 p.m. The number is 799-7100 in Richland and Lexington counties, and 1-800-868-2284 from other parts of the state. If you cannot afford a lawyer, you may contact the legal services office in your area. [provide list of numbers]

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Top Ten List For Home Repair1. Be patient.2. Take photographs before making temporary repairs.3. Do not begin permanent repairs until you have talked with your insurance company’s adjuster.4. Use local licensed contractors. Ask to see his license from the SC Licensing Board for Contractors or the

Residential Home Builders Commission. Also, contact the SC Department of Consumer Affairs to see if any complaints have been filed against the company.

5. Take down the drivers license and vehicle number of any contractor.6. Insist on proof of liability and workmen’s compensation insurance.7. Always obtain three bids.8. Do not pay or make a large down payment before work has begun. If necessary, offer to put money in

ESCROW at the bank.9. Insist on a written contract that spells out what repairs are to be done, price and completion date.10. Do not accept completion and make final payments until the job has been completed to your satisfaction.

Provided as a public service of the South Carolina Bar

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Key Assistance Numbers

CONSUMER AFFAIRS(803) 734-4200(800) 922-1594

Call to report price gouging (including landlords) and model repair contracts.

SOUTH CAROLINA PROGRAM ASSISTANCE LINE (PALS)(803) 734-2050(800) 922-2221

Statewide information and referral program for a variety of agencies, programs and organizations.

FEMA HOTLINE(800) 621-3362

The number for anyone who:cannot travel to a FEMA center;

is seeking information on eligibility; orneeds to know what documentation to bring with them to their local center.

SOUTH CAROLINA BAR LAWYER REFERRAL SERVICE(803) 799-7100 in Richland and Lexington counties

(800) 868-2284, statewideThe number to call if you are looking for a lawyer.

If you cannot afford a lawyer, you may contact the Legal Services office in your area.

SOUTH CAROLINA BAR ASK-A-LAWYER(888) 321-3644, statewide

A free legal information telephone line of the South Carolina Bar.

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South Carolina Legal Services OfficesSOUTH CAROLINA CENTERS FOR EQUAL JUSTICEAnderson Center Anderson and Oconee(864) 226-7216 800-234-7216Fax: (864) 375-9191

Charleston Center Charleston, Berkeley, and Dorchester(843) 720-7044 888-720-2320Fax: (843) 760-1090

Columbia Center Richland, Fairfield, Newberry, and Sumter(803) 799-9668 888-799-9668Fax: (803) 79-9420

Conway Center Horry, Georgetown, Marion, and Williamsburg866-597-0100

Florence Center Florence, Dillon, and Clarendon(843) 413-9500Fax: (843) 413-1013

Greenville Center Greenville and Pickens(864) 679-3232 800-613-0438Fax: (864) 679-3239

Greenwood Center Greenwood, Abbeville, Edgefield, and McCormick(864) 223-4879 800-922-3114Fax: (864) 223-7629

Hartsville Center Darlington, Chesterfield, Kershaw, Lee, and Marlboro(843) 332-1162 800-613-0438Fax: (843) 332-1159

Lexington Center Lexington, Aiken, and Saluda(803) 359-4154 800-280-1851Fax: (803) 359-9351

Orangeburg Center Orangeburg, Allendale, Bamberg, Barnwell, and Calhoun(803) 533-0116 800-522-9354Fax: (803) 531-5102

Rock Hill Center York, Chester, and Lancaster(803) 327-9001 800-922-3853Fax: (803) 327-7105Spartanburg Center Spartanburg, Cherokee, Laurens, and Union(864) 582-0369 800-922-8176

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Fax: (864) 582-0302

St. Helena Island Center Beaufort, Colleton, Hampton, and Jasper(843) 838-5001

OTHER LEGAL SERVICESCAROLINA REGIONAL LEGAL SERVICESFlorence (843) 667-1896 1-800-304-9939(Florence County)Manning (803) 435-2141 1-800-304-9939(Clarendon County)

NEIGHBORHOOD LEGAL ASSISTANCE PROGRAMCharleston (843) 722-0107(Charleston County)

Beaufort (843) 838-5001(Beaufort and Jasper Counties)

Conway (843) 248-6376(Horry County)

Georgetown (843) 546-2491(Georgetown County)

Kingstree (843) 354-7475(Williamsburg County)

Walterboro (843) 549-9581(Colleton and Hampton Counties)

Marion (843) 423-5955(Marion County)

Moncks Corner—Dorchester County (843) 871-6477

Moncks Corner—Berkeley County (843) 761-8355

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Manmade Disasters

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Steps to Implement Procedures for Manmade Disasters

1. President and/or Executive Director make decision to begin implementation of crisis response plan.Any member of the Bar, staff or leadership, recognizing a developing issue or reporting a manmade disaster, should con-tact the South Carolina Bar President or Executive Director. The President and Executive Director will assess the need toassume the responsibility for notifying the Crisis Management Task Force through a telephone conference call.

The Assistant Executive Director, in liaison with the Board of Governors and local bar presidents, should be responsiblefor spotting potential problem areas. Members should be encouraged to report issues in their locality that may affect thebar so the task force can evaluate and plan to address them. These issues could be channeled through the local Board ofGovernors representative(s) or the presidents of local bar associations. Daily media monitoring will also alert the taskforce to developing issues or events.

2. Crisis Task Force Conference CallBy utilizing a telephone conference call, the executive committee — with support from other task force members —deter-mines if a crisis exists and what action should be taken. According to the needs dictated by the situation, the staff will:

• gather data prior to the call,• assess the situation,• determine potential impact upon segments of the public and the Bar, • identify third parties to be mobilized if needed and • get all information available "out front" immediately, using only as much detail as needed for understanding.

In manmade disaster situations where speedy decision-making is important to respond in the public interest, the BarPresident — or, in his or her absence, the President-Elect, or the Executive Director—will make the decision to dispatchthe Crisis Response Team with a follow-up executive committee telephone call for further consultation and confirmation.

After determining the extent of the manmade disaster and pooling all available information, press releases and publicservice announcements (PSAs) will be issued. A primary and secondary spokesperson also will be designated. Staff willprepare fact sheets, statements or press releases for the public; member communications (letters/releases/PSAs); and/ormailgrams, faxes or e-mails for dissemination to Bar leadership. If necessary, local Bar leaders will be alerted.

In summary, the role of the executive committee and pertinent staff—all of whom comprise the Crisis Response TaskForce is to:

• discern the potential impact of the manmade disaster on the public and profession;• disseminate the South Carolina Bar “message;”• dispatch volunteer lawyers; and • authorize the action plan.

3. Implement Action PlanDepending upon the nature of the crisis or disaster, a determination will be made as to whether a response will be madefrom Bar headquarters (Columbia), on-site at the disaster, or coordinated from both locations.

a) Columbia-based response:(1) news release/statement issued to the press;

(2) news conference held at Bar building;

(3) telephone calls to wire services and selected local media;

(4) production and/or distribution of “paid” ads or public service broadcast announcements.

b) On-site disaster response:(1) Response team dispatched to scene immediately. Should include Executive Director, Assistant Executive

Director, Public Services Director and other designees.

(2) The team will arrive on-site within three hours and confer regarding information gathering and media and victim requests.

(3) Team members will then undertake to accomplish particular assignments.

(4) It is crucial that the disaster response team not become identified with any faction of the potential controversy.

(5) All members of the disaster response team must avoid making statements on the merits of claims that may arise from the disaster.

(6) The team shall emphasize in all public statements that the South Carolina Bar’s major and only legitimate concern is for those persons affected by the disaster and the public interest.

(7) The South Carolina Bar’s role is limited to monitoring compliance with the Rules of Professional Conduct and to request reports of any violation needing immediate investigation.

(8) The team will remain on scene until determined that their usefulness no longer exists or is not practical.

4. Key Bar Leader NotificationThe Executive Director will be responsible for notification of Board of Governors members and local bar leaders as deemedappropriate. Bar leaders would be informed of the Bar’s action, reasons for such action, and contact person for updates or addi-tional background. The following methods can be used:

a) personal telephone calls;b) conference calls;c) e-mails;c) telephone local bar leaders; ande) fax transmission.

5. Report on ResultsThe Bar staff will convene as soon as possible a meeting to be attended by as many groups as were involved in the disaster toobtain input regarding the effectiveness of the plan in that particular situation. The communications division director shall pre-pare a written report of all that occurred at the site or in response to the crisis. The report shall be submitted to the Board ofGovernors.

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On-site Responsibilities of Response Teamfor Manmade Disasters

Executive Director:• carry out policy (as established by the crisis management task force) and coordinate actions of the team.

Attorney General Representative:• investigate all reports of lawyer solicitation of victims or victim’s families.

Bar Staff:• select site for command center (generally a motel/hotel suite near disaster scene that can serve as telephone contact point for victims families and media; suite allows meeting space for team and possible in-person interview site for media. Therefore it must be easily accessible.)• establish contact(s) with involved parties, for instance airline.• establish liaison with Red Cross, Salvation Army, FEMA and victims’ organizations to provide assistance to victims and furnish written materials to these organizations. • rent an automobile for travel to site or to other locations. • contact local bar officers to set up ad hoc legal advice hotline staffed by local bar members. Coordinate local baractivities with state bar efforts.• develop follow-up report.

Assistant Executive Director:• prepare, make copies, disseminate appropriate generic news releases, "if asked" statements and question-and-answer sheets.• compile list of media contacts.• arrange individual media interviews for president/president-elect • find an appropriate site for a news conference and arrange for conference, if necessary.• provide copies of victims’ assistance handbook to media.• gather background information for response team, as well as monitor TV/radio reports, arrange for special clippings and broadcast monitoring.• serve as conduit for release of follow-up information to media.• distribute appropriate public service announcement and paid advertisement.

REMEMBER: Do not approach or seek out victims or victims’ family. Serve only as respondents to contacts generated by media publicity.

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Response Team Traveling Kit1. Crisis Management Disaster Response Plan.

2. Sufficient number of copies of news release.

3. Adequate number of Mass Disaster: A Victim’s Guides and Pocket Legal Counselors.

4. News media lists.

5. Lawyers Desk Book.

6. Board of Governors phone numbers/addresses.

7. Bar staff addresses and phone numbers.

8. Scripts of generic public service announcement and paid advertisement.

9. Supply of office material (legal pads, pencils, Bar stationery, business cards, etc.).

10. Personal effects.

11. Cellular phone (hand-held), charger, spare batteries.

12. Cassette tape recorder, spare tapes and batteries.

13. Laptop computer with Internet and e-mail capabilities and diskettes.

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Setting up a Command Center1. Select a motel/hotel easily accessible to and from disaster scene.

2. Select a suite or adjoining rooms that will provide phone, radio/TV monitoring and team meeting capabilities.

3. Rooms necessary for other staff members should be in close proximity.

4. Investigate on-premise sites for media interviews and news conferences.

5. Check with motel/hotel personnel for fax capability. If none is available, check with lawyers’ offices to see ifInternet/fax connections are available.

6. Discuss with facility personnel arrangements for photocopying material necessary for press releases and official statements.

7. Contact Bar building in Columbia and provide pertinent information regarding future communications(telephone numbers, e-mail addresses, fax numbers, schedules, etc.).

8. Contact other liaison agencies and media to gather information and provide notice that the Bar is on the scene and the reasons for the official Bar presence.

9. Arrange for the availability of portable cellular phones, spare batteries and chargers.

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Planning a News ConferenceCall a news conference when you have information that should be delivered to several media outlets at one time.These news conferences can be simple or elaborate, well-orchestrated or impromptu. Several factors will enter intothe decision on how to plan your news conference — the significance of the information to be shared, planning timeand locations which might be interested, to name a few.

1. Because the Bar is a statewide organization, important messages should be delivered to the media statewide. Theeasiest way to do this is by holding a press conference at the South Carolina Bar building in Columbia. Most ofSouth Carolina’s major media organizations are located nearby.

2. If there is time, a press advisory should be sent via phone, e-mail or fax to each media outlet, telling briefly (who,what, when, where, why, how format) what will be going on at the news conference. Share enough information topique the media’s interest without telling the whole story. Do not send an embargoed news release. If the news isthat interesting, the media will break the embargo by contacting other sources and then eliciting the Bar’s “response.”

3. If there is not time to issue a press advisory, phone or visit media outlets to let them know what is going on. Startwith the Associated Press and the radio and television networks. Then call the large dailies (Columbia, Greenville,Charleston, Spartanburg) and the smaller news outlets. Place a priority on local media, large or small, which mighthave a particular interest in the story.

4. News conferences should begin with a prepared statement, preferably by one spokesperson, followed by a ques-tion-and-answer period. Visual representation of what you are talking about (charts, blow-up photos, etc.) are usual-ly well-received. If possible, pass out a press release. Coach the presenter on possible questions. Always anticipatethe most difficult questions and have answers ready for them.

5. Time the event to assure maximum coverage. Consider any conflicting events scheduled and media deadlines.Anything after 4 p.m. probably won’t make a 6 p.m. newscast unless carried live. Avoid Fridays, if possible.

6. It may be necessary to hold a news conference outside Columbia, in the midst of a crisis. Most of the above adviceis still valid. Grab a copy of the News Media Directory or local yellow pages and call the local media. Ask for thecity desk for print and the assignment editor for broadcast media.

7. A news event of major proportions (crash, spill, etc.) will probably attract national media and other media. Someplace near the event will probably turn out to be an impromptu news center where the newspeople congregate andperiodic reports are made. In this case, have the news conference at this news center (it will probably be a hotel con-ference room) or as close as possible.

8. When arranging a news conference, look for an appropriate-sized room (hotel conference room, law office confer-ence room, etc.) Most television cameras have battery-powered lights which will operate well in a small to average-sized room. In larger facilities, make sure you know where the power outlets are located and that they will handlethe wattage of the television lights that could be connected.

9. It always looks good to have the message delivered from a lectern. A plain background for the speaker is pre-ferred. Make sure there are no visual distractions such as windows, photos, paintings or mirrors that will reflect lightor images.

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General Media Response Guidelines

Do:• Release only verified information. Speculation may cause undue alarm and will almost certainly create confusion.

• Promptly alert media of relief and recovery operations. It is important that you be seen doing everything you can to help.

• Escort the media everywhere on the emergency site. Maintain strict control to ensure that the media speak only to authorized personnel.

• Have a designated spokesperson and make sure he or she is accessible. A single source of information makes controlling release of information and its content easier.

• Keep accurate records and logs of all inquiries and news coverage.

• Determine and meet media deadlines. Remember that most reporters need to find something new to say ineach successive account, and if they can’t get it from you they will get it elsewhere.

• Provide equal opportunities for print and electronic media. Both are equally important, and reporters may be less sympathetic if they suspect favoritism.

• Have a clear idea of what can and cannot be released.

• Carefully coordinate planning and implementation of public relations activities with other aspects of your emergency plan.

Do Not:• Idly speculate on the causes of the emergency.

• Speculate on the resumption of normal operations. You may raise expectations you will not be able to meet.

• Speculate on the outside effects of the emergency.

• Speculate on the dollar value of the losses. Anything you say will affect perception of your organization.

• Interfere with the legitimate duties of news people.

• Permit unauthorized spokespersons to comment to the media. Few people are trained to deal with the press, and in times of crisis unguarded comments may be especially costly.

• Attempt to cover up or purposely mislead the press.

• Act on the assumption that the truth will not get out—honesty is the best policy.

• Place blame for the emergency.

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SOUTH CAROLINA BAR RESPONDS TO EMERGENCYCOLUMBIA, S.C. (date)— The South Carolina Bar has dispatched a disaster

response team to the site of ______________________to offer information to victims andtheir families.

“After an event of this nature, the victims and their families are emotionallydevastated, making it difficult to make informed decisions about numerous matters ofpressing importance-including their legal rights,” said ________________________,executive director of the South Carolina Bar. “They are vulnerable and we’re attempt-ing to make sure no one takes advantage of their distress.”

The S. C. Rules of Professional Conduct prohibit a lawyer, or any other personacting on behalf of a lawyer, to solicit employment or to initiate uninvited contact withany individual. Contact by telephone or in person is prohibited.

Reports of lawyer solicitation should be directed to the South CarolinaSupreme Court’s Commission on Lawyer Conduct. Written complaints should be sentto: Commission on Lawyer Conduct; South Carolina Supreme Court; PO Box 11330;Columbia, South Carolina 29211.

As part of the effort, the Bar is distributing a Mass Disaster: A Victim’s Guidethat offers general advice to the victims of tragic occurrences.

“Each victim’s legal rights are particularly important and the decision to talkto an attorney about these legal rights should be handled cautiously and carefully,”_________________ said.

-more-

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-2- The South Carolina Bar has established a special telephone line to answer legal questions for victims and

their families. The free legal information line will be open from _____ to ______on ________________. To speak to avolunteer lawyer, call 1-888-321-3644. The Bar’s volunteer disaster response team is also available to meet one-on-one with anyone associated with the _________ disaster.

The Supreme Court of South Carolina has the power to discipline attorneys for violating the disciplinaryrules governing all lawyers’ conduct. If there is a complaint about the conduct of individuals other than an attorney,the Bar will assist in making a report to the appropriate authority.


###

39


SOUTH CAROLINA BAR PRESIDENT WARNS LAWYERS CONCERNING __________________________ DISASTER

COLUMBIA, S.C. (date)— ________________, president of the South CarolinaBar, has issued the following statement in the wake of _______________________.

“The events of (date) have shocked and saddened not only South Caroliniansbut the entire country. I would like to assure victims of this tragedy and their familiesthat under the Code of Professional Responsibility, South Carolina lawyers are prohib-ited from accepting employment in situations where they have given unsolicitedadvice to obtain counsel or take legal action. Further, lawyers in the state are prohibit-ed by the Code from asking another lawyer or an employee to take this action on theirbehalf.”

“Out of respect for the victims and family members of _______________ at atime of unimaginable shock and horror, all lawyers should, at this time, avoid even theappearance of soliciting a client of this catastrophe.”


As part of the effort, the Bar is distributing a Mass Disaster: A Victim’s Guide thatoffers general advice to the victims of tragic occurrences.

-more-



40

-2-

The South Carolina Bar has established a special telephone line to answer legal questions for victims andtheir families. The free legal information line will be open from _____ to ______on ________________. To speak to avolunteer lawyer, call 1-888-321-3644. The Bar’s volunteer disaster response team is also available to meet one-on-one with anyone associated with the _________ disaster.


The South Carolina Bar, which has a membership of more than 11,500 lawyers, is dedicated to advancingjustice, professionalism and understanding of the law.

###

41




SC BAR’S VOLUNTEER DISASTER RESPONSE TEAMPROVIDES LEGAL ASSISTANCE TO VICTIMS AND

FAMILY MEMBERS OF _______________________ DISASTERCOLUMBIA, S.C. (date)—The South Carolina Bar’s volunteer Disaster

Response Team met today with victims and their families of ___________________ toinform them of their rights with regard to legal representation and communicationwith any potentially interested party.

Representatives of the South Carolina Bar held the meeting after an invitationof governmental agencies.

“At this point, many family members are still stunned at what happened totheir loved ones. We want to help ensure they are not placed in a position where pres-sure and confusion from outside sources might lead to hasty decisions on their part,”said ________________, president of the South Carolina Bar.

The South Carolina Bar is providing this information free of charge to any vic-tims or family members who have questions or concerns regarding proposed legal rep-resentation or their rights concerning possible settlement offers. The lawyers haveagreed not to accept any fee generating representation resulting from their contact withthe victims and/or family members.

“At a time of unimaginable tragedy, we have been asked to brief these peopleas to their legal options to ensure that they can make calm, intelligent decisions shouldthe need arise,” ____________________said.

-more-

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-2- The SC Rules of Professional Conduct prohibit a lawyer, or any other person acting on behalf of a lawyer, to

solicit employment or to initiate uninvited contact with any individual. Contact by telephone or in person is prohibit-ed.

Reports of lawyer solicitation should be directed to the South Carolina Supreme Court’s Commission onLawyer Conduct. Written complaints should be sent to: Commission on Lawyer Conduct; South Carolina SupremeCourt; PO Box 11330; Columbia, South Carolina 29211.

As part of the effort, the Bar is distributing a Mass Disaster: A Victim’s Guide that offers general advice tothe victims of tragic occurrences.

The South Carolina Bar has established a special telephone line to answer legal questions for victims andtheir families. The free legal information line will be open from _____ to ______on ________________. To speak to avolunteer lawyer, call 1-888-321-3644. The Bar’s volunteer disaster response team is also available to meet one-on-one with anyone associated with the _________ disaster.



43

Draft

REQUEST FOR PUBLIC SERVICE ANNOUNCEMENT

To: Public Service Directors

From: The South Carolina Bar

Re: Request for Public Service Messages (as follows):

“The South Carolina Bar has sent its volunteer Disaster Response Team to offer free legal assistance to the victims and their fami-

lies of the _______________________________ disaster. The team includes a representative of the South Carolina Attorney

General’s Office who will monitor the site and report any breaches of the the S. C. Rules of Professional. The S. C. Rules of

Professional Conduct prohibit a lawyer, or any other person acting on behalf of a lawyer, to solicit employment or to initiate unin-

vited contact with any individual. Contact by telephone or in person is prohibited. Reports of lawyer solicitation should be direct-

ed to the South Carolina Supreme Court’s Commission on Lawyer Conduct. Written complaints should be sent to: Commission on

Lawyer Conduct; South Carolina Supreme Court; PO Box 11330; Columbia, South Carolina 29211.”

We ask that you air this notice as many times as is practicable

over the next five days to deter improper activity.

Thank you.

44

PSAPSAPSAPSAPSAPSAPSAPSAPSAPSAPSAPSA



SC BAR OFFERS ASSISTANCE TO VICTIMS OF _________________________________

The South Carolina Bar has sent its volunteer Disaster Response Team to thesite of the ___________________________ disaster to offer free legal assistance to victimsand their families on request, and to distribute a Mass Disaster: A Victim’s Guide thatoffers general advice to the victims of tragic occurrences.

Anyone licensed to practice in South Carolina must be a member of the SouthCarolina Bar. The S C Rules of Professional Conduct prohibit a lawyer, or any otherperson acting on behalf of a lawyer, to solicit employment or to initiate uninvited con-tact with any individual. Contact by telephone or in person is prohibited.


45

Paid NoticeFor More Information:Leigh Thomas, Communications Manager(803) 799-6653, ext. 161 or [email protected]

SC BAR OFFERS ASSISTANCE TO VICTIMS OF _________________________________

The South Carolina Bar has sent its volunteer Disaster Response Team to the site of the___________________________ disaster to offer free legal assistance to victims and their families on request and todistribute a Mass Disaster: A Victim’s Guide that offers general advice to the victims of tragic occurrences.

Anyone licensed to practice in South Carolina must be a member of the South Carolina Bar. The S C Rules ofProfessional Conduct prohibit a lawyer, or any other person acting on behalf of a lawyer, to solicit employment or toinitiate uninvited contact with any individual. Contact by telephone or in person is prohibited.

Reports of lawyer solicitation should be directed to the South Carolina Supreme Court’s Commission onLawyer Conduct. Written complaints should be sent to: Commission on Lawyer Conduct; South Carolina SupremeCourt; PO Box 11330; Columbia, South Carolina 29211.


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Victim Letter

(Date)

Dear families of _______ tragedy:

I offer my sincere condolences on the loss of your loved one(s) in the recent ___________________. My prayers arewith you and your family during this time of tragedy and bereavement.

Given the natural emotional distress and grief that accompany such a tragic event, the last thing you need to suffer ispestering by lawyers seeking business.

As president of the South Carolina Bar, I want you to know that direct solicitation by lawyers in person or by tele-phone is illegal and unethical. Solicitation by mail, under strict guidelines, may not occur for a period of 30 daysafter the incident. If you feel a lawyer has overstepped the bounds of ethical propriety, please contact the SouthCarolina Supreme Court’s Commission on Lawyer Conduct. Written complaints should be sent to: Commission onLawyer Conduct; South Carolina Supreme Court; PO Box 11330; Columbia, South Carolina 29211.

Attached is a consumer guide that I hope will serve as a guide for you, relieve you of some distress and provide areasonable perspective in which to view future courses of action.

Again, I am so sorry such a tragic event has placed heavy burdens on you, your family and friends. Please beassured that the vast majority of South Carolina lawyers are honorable, ethical, competent, compassionate, dedicatedto the highest ideals and share in your grief.

Sincerely yours,

PresidentSouth Carolina Bar

Mass Disaster: A Victim’s GuideIf you are reading this guide as a result of a catastrophic tragedy that has just occurred, please accept our sincerest condo-lences for this unfortunate event and the grief and emotional distress that you are experiencing. Our only motive in providingyou with this guide is to assist you in protecting yourself from any further unnecessary distress.

It is impossible to provide comprehensive advice for all situations. Consequently, this guide should assist you in preservingyour legal rights until you decide how you will pursue your legal rights in this situation.

What is a Mass Disaster?Simply defined, a mass disaster is an unanticipated and unexpected event of calamitous proportions that causes widespreadinjury or death. These catastrophic events can be aircraft crashes, train derailments, refinery explosions, natural disasters or amyriad of other events and occurrences never before experienced.

While no catastrophic event can be called a “typical” occurrence, there are people “typically” involved in the aftermath of anymass disaster. These individuals routinely include:

• federal, state and local law enforcement agencies; • fire, rescue, medical and other emergency personnel; • representatives of the individuals or companies involved in the event; • representatives of insurance companies that provide coverage for the parties involved in the event; • lawyers who routinely represent victims of accidents and lawyers who represent and defend the parties involved in a catastrophic event; and • members of the news media.

What to Do When the Unspeakable Occurs?If you or a family member has been involved in a mass disaster, individuals from any or all of the above categories may wantto speak with you. Preserving your legal rights may depend upon your ability to identify those individuals seeking yourattention and to deal with them appropriately. Emotional distress and grief are inevitable after a catastrophic tragedy, and thisemotional condition may greatly affect your initial ability to deal with your legal rights. Conversely, the individuals identifiedin the categories listed previously are usually specialists who possess extensive training for dealing with a catastrophic disas-ter of this nature. Do not assume any individual is looking out for your best interests.

It is important for you to determine who has a financial interest in contacting you about this tragedy. A good rule of thumb isto retain a healthy skepticism of anyone who stands to gain financially from your misfortune. For example, a policeman or afederal aviation inspector is charged by law to deal with the tragic event; you will probably want to speak freely with them.On the other hand, lawyers may try to solicit you as a client. Or a lawyer maycontact you who is already representing aninsurance carrier providing coverage for one of the parties involved in the catastrophic event. Naturally, your candor withlaw enforcement personnel or government investigatory personnel might not wisely be extended to a lawyer you have nevermet and whose advice, counsel or representation you have not sought.

Who Will Protect My Legal Rights?Be cautious in dealing with representatives of large companies involved in catastrophic disaster. Generally, such companieswill not take unfair advantage of victims because of the adverse publicity likely to result from such overreaching. But therecould be exceptions. Also, caution and judgment should be exercised in dealing with representatives of insurance companies.

47

Who Will Protect My Legal Rights?Be cautious in dealing with representatives of large companies involved in catastrophic disaster. Generally, such companieswill not take unfair advantage of victims because of the adverse publicity likely to result from such overreaching. But therecould be exceptions. Also, caution and judgment should be exercised in dealing with representatives of insurance companies.

Be particularly careful before signing any papers in connection with the promise of the payment of a given sum of money.Likewise, a lawyer may solicit your case, but that does not assure you of the representation you may need for this particularsituation. Moreover, in person solicitation by a lawyer is a direct violation of the South Carolina Bar’s disciplinary rules. Thelawyer who improperly solicits your representation should be reported promptly to South Carolina Supreme Court’sCommission on Lawyer Discipline. Written complaints should be sent to: Commissioners on Lawyer Discipline; SouthCarolina Supreme Court; PO Box 11330; Columbia, South Carolina 29211.

Unless you are personally involved in causing the tragic accident, you could possibly receive compensation for the variousdamages you suffer. The appropriate amount of compensation to which you might be entitled and the appropriate time todiscuss settlement or the initiation of a lawsuit are questions best answered by a lawyer selected to represent your legalrights. The sole purpose of this guide is to help you preserve your legal rights until you are prepared to make an informeddecision based on all of the circumstances and until you are unburdened by the emotional trauma and stress imposed uponyou by the events of the tragedy

When Do I Have to Decide?This is an issue that does not lend itself to a definite or precise answer. In some types of accidents, such as a car wreck, it maybe necessary to seek the assistance of an attorney as quickly as possible to preserve the evidence and obtain statements ofother victims or witnesses. In mass catastrophic disasters — such as an aircraft crash — state and federal regulatory authori-ties charged by law with the immediate and prompt investigation of the disaster may lessen the need for immediate action inemploying an attorney.

Whatever the case, if you have a family lawyer, it would be prudent to contact him or her immediately for advice and coun-sel. In the event you do not have a family lawyer, you may want to identify a lawyer you trust to assist you in preservingyour legal rights. It is important that you exercise caution and judgment in signing any papers or documents for anyone untilyou have carefully read the entire document and understand its legal effect on your rights. Any questions you may haveregarding a document that you may be requested to sign probably should be reviewed with a lawyer whom you select ofyour own choice and free will.

Should you need immediate legal advice and you are not currently represented by a lawyer, perhaps the best advice is to con-sult others you trust, such as members of your family, close business associates or ministers for recommendations about qual-ified lawyers for your type of case. If you do not feel immediate action is necessary, The South Carolina Bar can assist youthrough its lawyer referral program in identifying an appropriate lawyer for you to consult. You may speak to a representa-tive of the Lawyer Referral Service by calling 1-800-868-2284 or in Richland or Lexington counties by calling 799-7100. If youare from another state, similar programs likely are in effect where you reside.

A Few Final ThoughtsIf affected by a catastrophic mass disaster, you will probably need the services of a lawyer. It is your decision when to selectan attorney to represent you and your legal rights. Since you may be entrusting your lawyer with the final resolution of youror your loved one's legal rights, this decision should not be taken lightly.

A public service of the South Carolina Bar

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Response Team Traveling Kit1. Crisis Management Disaster Response Plan.

2. Sufficient number of copies of news release.

3. Adequate number of Victim’s Guides.

4. News media lists.

5. Lawyers Desk Book.

6. Board of Governors phone numbers/addresses.

7. Bar staff addresses and phone numbers.

8. Scripts of generic public service announcement and paid advertisement.

9. Supply of office material, e.g., legal pads, pencils, Bar stationery, business cards.

10. Personal effects.

11. Cellular phone (hand-held), charger, spare batteries.

12. Cassette tape recorder, spare tapes, batteries.

13. Laptop computer, modem, diskettes.

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Planning a News ConferenceCall a news conference when you have information that should be delivered to several media outlets at one time. These newsconferences can be simple or elaborate, well-orchestrated or impromptu. Several factors will enter into the decision on howto plan your news conference—the significance of the information to be shared, planning time and locations which might beinterested, to name a few.

1. Because the Bar is a statewide organization, important messages should be delivered to the media statewide. The easiestway to do this is by holding a press conference at the South Carolina Bar building in Columbia. Most of South Carolina’smajor media organizations are located nearby.

2. If there is time, you should send a press advisory via phone or fax to each media outlet, telling briefly (who, what, when,where, why, how format) what will be going on at the news conference. Share enough information to pique the media's inter-est without telling the whole story. Do not send an embargoed news release. If the news is that interesting, the media willbreak the embargo by contacting other sources and then eliciting the Bar’s "response."

3. If there is not time to issue a press advisory, start phoning or visiting the offices of each media outlet to let them know whatis going on. Start with the Associated Press and the radio and television networks. Then call the large dailies (Columbia,Greenville, Charleston, Spartanburg) and the smaller news outlets. Place a priority on local media, large or small, whichmight have a particular interest in the story.

4. News conferences should start off with a prepared statement, preferably by one spokesperson, followed by a question-and-answer period. Visual representation of what you are talking about (charts, blow-up photos, etc.) are usually well-received.If possible, pass out at least a press release or a comprehensive media kit if necessary and if you have time. (A press kit couldinclude photos, biographies, charts, legislation, anything which will tell your story or give background information.) Coachthe presenter on possible questions. Always anticipate the most difficult questions and have answers ready for them.

5. If you have time and footage, have 3/4-inch videotapes on hand to give to television reporters.

6. In the case of all news conferences, time the event to assure maximum coverage. Are there any conflicting events sched-uled (the Legislature, an out-of-town convention, etc.)? What are the media deadlines? Anything after 2 p.m. or 3 p.m. proba-bly won’t make a 6 p.m. newscast. Avoid weekends and Fridays, if possible. Most media people work Monday throughFriday, with Monday being the slowest day. (News has a way of happening as the week progresses.)

7. It may be necessary to hold a news conference outside Columbia, in the midst of a crisis. Most of the above advice is stillvalid. Grab a copy of the News Media Directory or local yellow pages and call the local media. Ask for the city desk forprint and the assignment editor for broadcast media. The wire services and networks have offices in the big cities. Thesmaller cities probably have stringers. (Call the offices in the big cities first and they’ll make the local assignment.)

8. A news event of major proportions (crash, spill, etc.) will probably attract national media and other media. Some placenear the event will probably turn out to be an impromptu news center where the newspeople congregate and periodic reportsare made. In this case, have the news conference at this news center (it will probably be a hotel conference room) or as closeas possible.

9. If you have to arrange for a news conference on your own, look for an appropriate-sized room (hotel conference room, lawoffice conference room, etc.) Most television cameras have battery-powered lights which will operate well in a small to aver-age-sized room. In larger facilities, make sure you know where the power outlets are located and that they will handle thewattage of the television lights that could be connected.

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Leigh Thomas FOR IMMEDIATE RELEASECommunications Manager

THE SOUTH CAROLINA BAR RESPONDS TO EMERGENCY

Columbia, SC (date)—The South Carolina Bar has dispatched a disaster response team to the site of______________________to offer information to victims of this tragedy and their families and receive possible complaints ofsolicitation or other improper behavior on the part of attorneys.

The S. C. Rules of Professional Conduct prohibit a lawyer, or any other person acting on behalf of a lawyer, to solicitemployment or to initiate uninvited contact with any individual. Contact by telephone or in person is prohibited.

“After an event of this nature, the victims and their families are emotionally devastated, making it difficult to makeinformed decisions about numerous matters of pressing importance-including their legal rights,” said________________________, executive director of the South Carolina Bar. “They are vulnerable and we’re attempting to makesure no one takes advantage of their distress.”

Reports of lawyer solicitation should be directed to the South Carolina Supreme Court’s Board of Commissioners onGrievances and Discipline. Written complaints should be sent to: Board of Commissioners on Grievances and Discipline;South Carolina Supreme Court; PO Box 11330; Columbia, South Carolina 29211.

As part of the effort, the Bar is offering a “Victim’s Guide,” that offers general advice to the victims of tragic occurrences. "Each victim’s legal rights are particularly important and the decision to talk to an attorney about these legal rights should

be handled cautiously and carefully," _____________________ said.For additional information call the South Carolina Bar at (803) 799-6653. While the South Carolina Bar cannot provide legal

advice to individuals, its staff may be able to answer general questions or provide other assistance.The Supreme Court of South Carolina has the power to discipline attorneys for violating the disciplinary rules governing

all lawyers’ conduct.If there is a complaint about the conduct of individuals other than an attorney, the Bar will assist in making a report to the

appropriate authority.

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SOUTH CAROLINA BAR PRESIDENT WARNS LAWYERS CONCERNING __________________________ DISASTER

Columbia, SC (date)— ________________, president of the South Carolina Bar, has issued the following statement in thewake of _______________________.

“The events of (date) have shocked and saddened not only South Carolinians but the entire country. I would like to assurevictims of this tragedy and their families that under the Code of Professional Responsibility, South Carolina lawyers are pro-hibited from accepting employment in situations where they have given unsolicited advice to obtain counsel or take legalaction. Further, lawyers in the state are prohibited by the Code from asking another lawyer or an employee to take this actionon their behalf.”

“Out of respect for the victims and family members of _______________ at a time of unimaginable shock and horror, alllawyers should, at this time, avoid even the appearance of soliciting a client of this catastrophe.”

Reports of lawyer solicitation should be directed to the South Carolina Supreme Court’s Board of Commissioners onGrievances and Discipline. Written complaints should be sent to: Board of Commissioners on Grievances and Discipline;South Carolina Supreme Court; PO Box 11330; Columbia, South Carolina 29211.

As part of the effort, the Bar is offering a “Victim’s Guide,” that offers general advice to the victims of tragic occurrences. For additional information call the South Carolina Bar at (803) 799-6653. While the South Carolina Bar cannot provide legal

advice to individuals, its staff may be able to answer general questions or provide other assistance.The Supreme Court of South Carolina has the power to discipline attorneys for violating the disciplinary rules governing

all lawyers’ conduct.If there is a complaint about the conduct of individuals other than an attorney, the Bar will assist in making a report to the

appropriate authority.

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SOUTH CAROLINA BAR’S VOLUNTEER DISASTER RESPONSE TEAM SET TOASSIST VICTIMS AND FAMILY MEMBERS OF __________________________ DISASTER

Columbia, SC (date)— The South Carolina Bar’s volunteer Disaster Response Team has been asked by appropriate govern-mental agencies to assist in informing the victims of this tragedy and their families of their rights with regard to legal repre-sentation and communication with any potentially interested party.

Representatives of the Bar are prepared to meet with individuals when governmental agencies advise that it is appropriateto do so.

“At this point, many family members are still stunned at what happened to their loved ones. We want to help ensure theyare not placed in a position where pressure and confusion from outside sources might lead to hasty decisions on their part,”said ________________, president of the South Carolina Bar.

The South Carolina Bar is providing this information free of charge to any family members who have questions or con-cerns regarding proposed legal representation or their rights concerning possible settlement offers. The lawyers have agreednot to accept any fee generating representation resulting from their contact with the victims and/or family members—norwill they refer any of these families to an attorney.

“At a time of unimaginable tragedy, we have been asked to brief these people as to their legal options to ensure that theycan make calm, intelligent decisions should the need arise,” ____________________said.

The S. C. Rules of Professional Conduct prohibit a lawyer, or any other person acting on behalf of a lawyer, to solicitemployment or to initiate uninvited contact with any individual. Contact by telephone or in person is prohibited.

Reports of lawyer solicitation should be directed to the South Carolina Supreme Court’s Commission on Lawyer Conduct.Written complaints should be sent to: Commission on Lawyer Conduct; South Carolina Supreme Court; PO Box 11330;Columbia, South Carolina 29211.

For additional information call the South Carolina Bar at (803) 799-6653. While the South Carolina Bar cannot provide legaladvice to individuals, its staff may be able to answer general questions or provide other assistance.

The Supreme Court of South Carolina has the power to discipline attorneys for violating the disciplinary rules governingall lawyers’ conduct.

If there is a complaint about the conduct of individuals other than an attorney, the Bar will assist in making a report to theappropriate authority.

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REQUEST FOR PUBLIC SERVICE ANNOUNCEMENT

To: Public Service DirectorsFrom: The South Carolina BarRe: Request for Public Service Messages (as follows):

“The South Carolina Bar has sent its volunteer Disaster Response Team to offer free legal assistance to the victims and theirfamilies of the _______________________________ disaster. The team includes a representative of the South Carolina AttorneyGeneral’s Office who will monitor the site and report any breaches of the the SC Rules of Professional. The S C Rules ofProfessional Conduct prohibit a lawyer, or any other person acting on behalf of a lawyer, to solicit employment or to initiateuninvited contact with any individual. Contact by telephone or in person is prohibited. Reports of lawyer solicitation shouldbe directed to the South Carolina Supreme Court’s Commission on Lawyer Conduct. Written complaints should be sent to:Commission on Lawyer Conduct; South Carolina Supreme Court; PO Box 11330; Columbia, South Carolina 29211.”

We ask that you air this notice as many times as is practicable over the next five days to deter improper activity.

Thank you.

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(3) telephone calls to wire services and selected media;

(4) production and/or distribution of “paid” ads or public service broadcast announcements; and

(5) news alert to members.

Once the extent of the natural disaster has been determined, the SC Bar will work with sections, committees and task forcesto provide specific legal assistance to affected areas. The South Carolina Bar Ask-A-Lawyer telephone line and LawyerReferral Service members will be utilized as necessary.

4. Key Bar Leader NotificationThe Executive Director will be responsible for notification of Board of Governors members and local bar leaders as deemedappropriate. Bar leaders would be informed of the Bar’s action, reasons for such action, and contact person for updates oradditional background. The following methods can be used:

a) personal telephone calls;b) conference calls;c) e-mail;d) telephone local bar leaders; ande) fax transmission.

5. Report on ResultsSoon after the natural disaster, the Bar staff will host a meeting of groups that were involved in the disaster to obtain inputregarding the effectiveness of the disaster plan. The public relations director will prepare a written report on the Bar’s actionsin response to the disaster for the Board of Governors.

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Crisis Management Disaster Response Plan

Documents

Transcript of Crisis Management Disaster Response Plan